The full commandment is Thou Shalt Not Dwell on the Trees Rather than the Forest. Sadly this is a disease  many lawyers catch. It is often seen in young lawyers, and in lawyers billing on an hourly basis, but it is not confined to these lawyers. The disease continues throughout the career of abusive lawyers who use incessant  dwelling within the trees to wear down an opponent.

The problem with dwelling on the trees is it wastes time, is usually of plot, and judges hate it.  This is because little is gained when the lawyer overly focuses on procedural and discovery issues that have little or no relevance to the merits of the case. Dwelling in the trees rather then the forest is seen in:

Nonsense Affirmative Defenses. These include “Failure to State a Claim” in a solid lawsuit where the merit of the pleading is certain; “Insufficiency of Service” where service has been obtained; “Failure to Mitigate” despite plaintiff diligently attacking injuries;  and,”Failure to Join a Party” in a simple two party case. The list goes on-the tree dweller throws out affirmative defenses despite the fact they will never be argued.

Abusive or Meaningless Discovery. This is seen in the interrogatories of the tree dweller. Typical abusive/meaningless questions include: Questions on specifics of medical treatment when the answers are in the medical records that are being produced; slightly changed “repeat questions” that call for same information already given;  and, questions about past medical conditions or problems that have nothing to do with the area of the body injured in the case.

Discovery Games. Refusing to provide discovery answers or documents by standing on a technical language or  a drafting mistake when the discovery sought is still clear to the non producing party; Ignoring discovery deadlines on purpose forcing the issue up to the brink of a motion to compel;  and, making technical discovery objections thereby forcing a discovery motion.

Trial Games. Refusal to cooperate with opponent during trial on matters that have nothing to do with the merits of the case but do have a lot to do on efficiently moving the case through trial.

All of the above dwelling in the trees issues are non existent when the lawyers live in the forest. This means they have a handle on the substantive facts and law of the case, they cooperate on producing documents opposition is entitled to, and they cooperate on timing issues in the trial so it moves efficiently.

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As a trial lawyer representing injured people I must file cases more often than not to get fairness. In today’s economic climate many insurance companies are giving low ball settlement offers which a weak lawyer who cannot try a case will convince his client to accept or a client in economic hard times will take. Since I have an obligation to get fairness for my client I proceed to trial rather then take the low ball offer.

This means I regularly work against lawyers for the insurance companies. I play hard, I play fair, and I play to the end. Although I play to win, I treat my opponent with respect and decency. This means I have meaningful conversations with the other lawyer. I listen to the other lawyer. I cooperate  with scheduling with the other lawyer. And when I do well I never act like I beat the other lawyer.

This I believe is the mark of a true professional. And you know when I am decent to the other lawyer she is decent to me. We both will argue our case but this can be and should be done without getting personal, petty, or nasty. I find treating the other lawyer with professionalism and courtesy makes me feel better and I do just as well if not better for my client.

So when when you do not have much to say, and the going is tough, as your opponent is making hay, just remember at times it can be rough.  Accept these times and remember your time will come. Continue to  prepare, believe in yourself, accept bad things can happen,  give your best effort, and never, never lose your professionalism.

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Recently I heard a former Blue Angel, Rear Admiral William Newman, speak. In 1978/79 Admiral Newman was the Commanding Officer/Flight Leader of the Blue Angels. The leader is called “The Boss.” He is responsible for calling by radio the flight moves. This is done as the planes are flying next to each other at over 450 mph.

I took some notes and below apply them to the practice of law. I think they also apply to other professions or endeavors:

Have a Set Method. When flying next to each other at over 450 mph and changing the formation without changing the space between planes the Blue Angels must have a set method. To not is to risk a fatal accident.

Working a legal case involves legal life or death to the client. Years of experience has taught me to have a set method. This means all cases are taken in the same way. All discovery is done by a set method  with client involvement in the same way in every case. Trial preparation is done the same way. I have found by applying a set method without deviation mistakes rarely happen. We are thoroughly prepared and ready to fly into trial in an organized formation.

Concentration. This is essential for the Blue Angels. Without concentration mistakes happen. The same is true in law. When I go to work I am well rested and focused on the task at hand. When I am dealing with a client  the client is first and foremost in my mind. I listen. This allows me to internalize key facts and  the nature and extent of my client’s injuries. This results in legal representation at the highest level.

Trust. With the Blue Angels there is trust between the pilots. They trust the other pilots are performing at their highest level. This gives them confidence in relying on one another as they travel at high speeds a few feet from each another.

With my staff and me there is trust. They take their jobs seriously. They come to work focused and prepared. They work at their highest level. They know I am doing the same. There is also trust between our client, and my staff and me. We know our client takes her case seriously. She keeps appointments and deadlines. She is honest and forthright. She knows we are dedicated to her case and trusts us. Trust allows us to work together with confidence.

Keep the Team Together. When flying next to each other at 450 mph there can be no dissension. There must be team spirit. It is the job of the Blue Angel “Boss” to keep the team together.

This is my job as “The Boss” in my law practice. Keeping the team together is done through example, praise, and professional camaraderie. All staff are treated equally. Although I am the boss, my staff knows I respect them, value them, and listen to them. They know we are a team. We work together to give the highest level of leg

Continue to Develop. Although the Blue Angel shows have similarities to past years, and there is an established tradition, they continue to develop. Planes change with technology. Nothing remains stagnant.

This is true in my law practice. My staff and I continually up date our technology. We continually review our systems and make improvements to stay with technology and  new developments.  By continuing to develop we continue to fly at our highest level.

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